WelshDragonsWales

Hi

I know all cases are different, but just wondered if anybody has first hand knowledge of going to court to get court order to enable them to take child to canada from uk - if their ex wife/husband says no to permission ( we both have parental responsibility ), although the children live with me and my husband.

Won't go into great detail but child sees father every 6 weeks and for maybe two seperate weeks either summer or christmas. He rings every night to talk to child. Child is 12 and wants to move to canada with us ( family choice by all of us ).

I know he ( father ) will say no you cant take her and then we have to apply to court for court order - child is also going to say want to go. Does anybody have the same situation or been tfrough it - just want an idea what we are up against - do the courts really take into account what child wants.

We think better life for children in Canada, and somewhere we have wanted to go for a while.

Thanks for any reply.

Maple Cupcakes

Hi,

We are in the same postion as you. I placed a post: PROOF OF CHILD CUSTODY on this forum earlier this month and got loads of responses and very helpful information. Just do a search on the above to check it out.

Good Luck

Sue

mrmcgoo

I don't really have any experience, but I did have a friend in the same situation almost exactly. They didn't go in the end, because the father said no. But they didn't go to court either.

I also have a friend who was married to a german and living there. They have a daughter. He turned to be not very nice and she finally plucked up the courage and did a mid-night flit back to the UK. She is fighting him in the courts and winning but the daughter is extremely afraid of him and there is some evidence of psychological abuse so she has some ammunition against him.

My only suggestion would be to try to get the biological father on-side may be agreeing to a two or three week vacation for the child each year plus regular contact via Skype or something. Or arrange for him to stay some where for a couple of weeks in Canada each year? Make it seem that it isn't so far away and that he would get to spend just as much time with her.

If he is in regular contact with her and paying his dues, I expect the court may side with him. Put yourself in his shoes - regardless of what you might know about him - how would you feel if it was the other way round. I'm not saying that to be judgemental but I would expect that's the way the court would think.

I would just say my comments are just that, passing comments. I have no knowledge of the legal process at all.

Good luck, I hope it works out for the best.

JAJ

Are you applying for federal skilled worker? If so, and you've just started the process, are you aware of the 4-5 year waiting period?

Child might be age 16 by the time they look at your application. Check with a family law solicitor, but normally in England and Wales, 16 and 17 year olds are free to live where they like irrespective of parents' views.

Maple Cupcakes

Hi Dawn

I've just sent you a PM re our situation

Sue